Programa de Pós-Graduação em Direito - PPGD/ICJ

URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417

O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.

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Agora exibindo 1 - 13 de 13

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Bem jurídico e princípio da proporcionalidade: uma análise crítica da pena em abstrato
(Universidade Federal do Pará, 2010-05-20) SANTOS, Manuela Bitar Lélis dos; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This research shows that there are some dispositives in the criminal law where the penalty in the abstract is disproportionate, either a lack of a well-deserving of legal protection law or because the quantum of the penalty does not fit the riteria of proportionality. It presents the “bem jurídico penal”, exposing its evolutionary synthesis, its concept, the principles of minimum intervention and offensiveness, as well as issues relevant to the existence of legal rights supraindividual criminal and constitutional issues of taxation of criminalization. It analyzes the principle of proportionality, developing its concept, content, its historical origin and evolution, the constitutional dedication and nomenclature in comparative law. When it refers to the content of proportionality, it adopts the current that presents the subprinciples suitability, necessity and proportionality in the strict sense as fundamental aspects of proportionality in the broad sense. It brings some criminal law examples that fall outside the rule of proportionality, considering the legal interest in care. It concludes that it is necessary to fit the Brazilian criminal law with the parameters of proportionality and to the requirements of the legal doctrine of “bem jurídico penal”, decriminalizing some conducts or adjusting the penalty in the abstract.
Acesso aberto (Open Access)
O controle de constitucionalidade da pena desproporcional em busca da resposta certa
(Universidade Federal do Pará, 2015-10-16) PICKERELL, Manuela Bitar Lelis dos Santos; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The research notes the need to accomplish in Brazil the judicial review of disproportionate penalty. If the stain pen is in jeopardy of conduct, the judge must acquit the defendant. However, if the stain remains at excessive quantum of sentence in the abstract, then the judge should disregard the sanctioning secondary rule applying to the case another penalty, withdrawal of paternal criminal legal system, which is proportional to the present situation. The Dworkin’s theory allows this judicial review to show that a decision leading to the principles of the law of the discussion forum devoted to democracy, and not vice versa. Moreover, the present law as an argumentative practice that aims to give the case the right answer, which will be achieved through a constructive interpretation of the moral principles of the community, Dworkin tie this election of the new sentence, away from the judicial decisionism. For the election of substitute penalty, the judge must find the settlor principle of incrimination, seeking it in another criminal type. This will be worth (right answer) to apply to the case.
Acesso aberto (Open Access)
Crime organizado, seletividade penal e modernidade líquida
(Universidade Federal do Pará, 2016-08-04) LEDO, João Paulo Carneiro Gonçalves; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present work aims is to analyze the organized crime in Brazil about the prism of the liquid modernity. It approach how the insecurity and the fear, caused by the constraints of liquid modernity, influenced in an advent in politic of law and order. Study the speech that raised the organized crime legislation in Italy and United States of America and the reflections in the Brazilian legislation. Treated the problematic about the concept of organized crime, some legal and procedural instruments of this offense and rise of maxi processes in nationwide. It reflects on the speech of organized crime based on idea of a criminal law of exception and their problems. Relates lastly, the selectivity of penal system and the victims of organized crime speech in a liquid modernity.
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Criminologia crítica e apagamento político na compreensão do encarceramento no Brasil
(Universidade Federal do Pará, 2023-01-05) FERREIRA, Nilton Carlos Noronha; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present research sought to understand the dynamics involving imprisonment and resistance in Brazil. This is an explanatory and qualitative research, whose method of approach was the deductive, using the technique of bibliographical research. In this sense, the research problem that guided the analysis was: to what extent can the dynamics of resistance in prison be understood from the perspective of Marxist criminology? Thus, the working hypothesis consisted to considering that, on the one hand, the exercise of punitive power mobilizes several grammars that support prison and, in this context, promote a political emptying of incarcerated individuals by inserting them in a position of subjection to the power exercised over them. On the other hand, considering an analytical perspective, it starts from the idea that critical criminology has formulated premises that reaffirm this logic, firstly, by undertaking a limited incorporation of the Marxist contribution and, secondly, by not having consistently developed an analysis of how individuals affected by criminalization processes deal with it. The general objective would be to investigate to what extent the dynamics of resistance in prison can be understood from the perspective of Marxist criminology, while the specific objectives are: a) to verify the challenges involved in understanding the context of imprisonment and resistance by criminology Marxist-based criticism; b) to examine the discourses that make up the grammar of prison, in order to glimpse what role is assigned to it; and c) analyze incarceration seeking to understand the articulations that aim at resistance to punitive power. In this sense, the research presents an initial overview that proposes to articulate epistemological and analytical questions about the projections of discourses on prison about political mobilizations undertaken by individuals submitted to the logic of incarceration, inside or outside the prison walls.
Acesso aberto (Open Access)
Das ruas para o sistema penal: "outsiders" e mídia no contexto das manifestações urbanas
(Universidade Federal do Pará, 2018-02-19) FERREIRA, Tainá Ferreira e; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The fragility of the Brazilian democratic state is perceived through constant difficulties for a guarantee of fundamental rights, and this scenario has just mobilized a population to seek ways, albeit informal, to express their demands. In 2013 and 2015, in the city of São Paulo, events occurred that exemplify the phenomena of urban manifestations, not our last years, and which became a public security agenda in the mass media. Based on these findings, this paper proposes a solution carried out by means of mass communication, during the occurrence of urban protests, a risk assessment. Through the analysis of essays by Non Governmental Organizations (NGOs) and international entities, an analysis of the two criminalization processes is sought, which the subjects, understood in the light of the Touraine concept, were exposed and what role the media play in this context. Among the conclusions obtained, it is worth noting that the media, as an informal agency of the penal system, through a work that does not prioritize the plurality of sources and thus fosters the creation of stereotypes, contributes to a criminalization of the subjects involved in the analyzed events. Moreover, the existence of a criminal policy in place of a criminal policy is seen as an obstacle to the confrontation of discourses of criminal recrudescence based on the creation of enemies.
Acesso aberto (Open Access)
Dispositivo drogas e governamentalidade neoliberal: funções estratégicas para o exercício do poder sobre os corpos e a população
(Universidade Federal do Pará, 2022-03-14) LIMA FILHO, Eduardo Neves; CHAVES, Ernani Pinheiro; http://lattes.cnpq.br/5741253213910825; https://orcid.org/0000-0002-8988-1910; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present study is developed with the objective of analyzing the strategic role of the drug device in neoliberal governmentality evidenced in Brazil and its strategic function for the exercise of power over bodies, over the population and the exercise of the power of death. In order to do so, itstarts from the theoretical-methodological tools developed by Michel Foucault, especially his analysis of power, including his studies on discourses, and his research on neoliberal governmentality. Thus, the work starts from the idea that it is possible to make use of Michel Foucault's research on power and knowledge, as well as his studies on neoliberal governmentality to understand the dynamics of the fight against drugs in the neoliberal context and its role in the exercise of referred to dynamics of exercising power. Based on the Foucauldian approach, the research problem corresponds to asking to what extent the drug device is managed in the neoliberal context from its usefulness to satisfy certain needs of groups that hold capital, enabling the control of bodies, the population and the exercise of the power of death. To answer the question, the work begins with a critical description of the methodological instruments developed by Michel Foucault, especially in his studies on knowledge and his analysis of power, which are fundamental for thinking about policies to combat drugs from the relations of power and forms of resistance in the neoliberal context. Then, it analyzes neoliberalism and its relations with biopower, emphasizing that Foucault does not reduce his analysis of neoliberalism to an exclusively economic issue and that is what is specific and singular in his position. It also deals with the anti-drug policy, starting with an analysis of drugs as a device in the Foucauldian sense. Then, a genealogical analysis of drug prohibitionism is carried out, without the intention of carrying out an approach that universalizes the issue. The analysis takes place through a cut aimed at understanding the current policy of drug repression in Brazil - without ignoring the strong international influences - from the ruptures that have occurred over the years and the conjunctural changes in the relations of power and resistance, especially since the rise and consolidation of neoliberalism. Finally, the strategic role of the war on drugs policy in neoliberal governmentality is demonstrated, especially in Brazil, concluding that the drug device is able to enable and justify the exercise of disciplinary power, biopolitics and sovereign power, especially over certain vulnerable groups because of its economic condition constantly worsened and precarious by neoliberal policies, as well as it is demonstrated that the changes, triggered in the neoliberal context, regarding the exercise of State racism and its intimate relationship with drug policy, which makes it possible to exercise the power of death on those groups.
Acesso aberto (Open Access)
A expansão do direito penal: os reflexos da influência midiática no processo de criminalização primária
(Universidade Federal do Pará, 2017-07-12) SOUZA, Luciana Correa; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This work aims at analyzing the reflexes of the media influence in the process of primary criminalization on the criminal expansionism and its compatibility with the model of containment of the criminal repression of the Democratic Rule of Law established with the Federal Constitution of 1988. For this, In the first chapter, the approach of the theoretical basis necessary to understand the functioning of the mass media as components of the cultural industry, as well as the study of the media in the society of the spectacle, under the prism of the spectacularization of the news, is realized. In order to evidence the mercantile character of her on the crime. In the second chapter, we examine the processes of primary and secondary criminalization, as well as the development of the notion of selectivity and reflection on the latent functions of the penal system. Subsequently, in the third chapter, an appreciation of the process of construction of reality by the mass media is carried out, at which moment the media criminology and the discourse of media criminal populism in Brazil are discussed. At the end, in the fourth chapter, we study the reflexes of punitive populism in the legislative plane, for that, explores the bill 4.850/2016. Finally, based on the results of the study, the legitimacy of the manifestations of the Criminal Law of the enemy, in the legal system, is analyzed with the model of containment of criminal repression, typical of the Democratic Rule of Law and, particularly, with the Federal Constitution of 1988.
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A ilusão do controle das drogas: guerra às drogas e economia política do controle social
(Universidade Federal do Pará, 2021-10-29) SILVA, Adrian Barbosa e; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This present thesis confronts the theme of social control in the war on drugs. In its methodological path, which combines bibliographic and documental techniques with dialecticity anchored in the empirical (general method), it retakes the discussion around the concept of social control to evaluate its heuristic potential for analyzing the researched object (social control of drugs). When carrying out a national diagnosis based on the literature review (penalism and criminology), and noting the absence of a consolidated debate, it proposes a problematizing approach, in a negative (deconstruction or criticism of social control) and positive (reinvention or revisited social control) dimension in the face of particularities of the situated context. In this way, it seeks to boost the sociological oxygenation of critical criminology (referent), from an interactionist-materialist perspective (specific methodology) open to interdisciplinarity, forging a conceptual approach based on power relations (intersectional social control), from Mead to Marx & Foucault (and Mbembe), from contributions of gender, race and class and, consequently, on hierarchies of neoliberal capitalism and on the bonds of global dependence. Prohibitionism is taken as a case of study, given the need to cut and its unique relevance for understanding criminal and social issues. When questioning the impact of the production relations of the Brazilian social structure on the articulation of strategies for the social control of drugs (problem), tests the hypothesis – which, in light of the political economy of punishment, leads to believe that they are consistent with the transformations of the hegemonic mode of production –, and indicates its developments (objective general), dividing the investigation into four moments (specific objectives): initially (1st chapter), the limits of the legal field for understanding the phenomenon and the role of the hegemonic vision built in research on drug consumption, production and trade in Brazil for the maintenance of a security and defensive “academic collaborationism” are questioned, drawing up, in reaction, the guidelines for a (critical) sociocriminology on drugs and social control; then (2nd chapter), the debate around social control is reconstructed, proposing an updated reading on the subject, for then (3rd chapter) to situate social control in the scope of the critique of political economy, historicizing it in the Brazilian social structure and in its mode of production and, finally, the development of Brazilian-style prohibitionism, in both aspects, as much internationally as domestically, from the colony to democracy; and, finally, but not least (4th chapter), the microphysics and macrophysics of the war on drugs are unveiled, as a way of understanding the dimensions of the power relations that underlie (and which) strategies for the social control of drugs in the current stage of capital accumulation in the country and, as a background issue, the very meaning of “failure” (and the “alternatives” proposed to it) of war on drugs. It is intended, in the final analysis, to build criticism advocating the horizon of a political economy of social control of drugs, proposing a re-discussion of the metaphor or war in the light of the sovereignty of capital. It is a possible intellective effort for an emancipatory understanding and transformation of the social reality of the peripheral crowd that is the priority target of bio and necropolitical strategies in the social order.
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Justiça restaurativa e violência doméstica cometida contra a mulher
(Universidade Federal do Pará, 2013) FABENI, Lorena Santiago; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This study aimed to analyze the phenomenon of domestic violence from a new perspective. Look crime of domestic violence committee against women as disruption of interpersonal relationships and not as violation of the state. This new lens is offered for Restorative Justice. This coming fab original practices, mainly from New Zealand, Australia and Canada, there fore, outside the official justice system is being adapted to new social context sin several countries. In Brazil it is introduced from the official justice system, through the Courts for Children and Adolescents. Use from the justice system ready provides major breakthrough, because how as a complementary tool that assist sin the realization of justice from those involvedandap proved by the Judiciary. The challenge, therefore, is to extend its use for crimes committed against women in the home, because there are sensitive issues in this area that need to be care fully highlighted so that does not corrupt your purposes. Restorative justice offers the possibility of treating domestic conflict from the meeting author, victim and community together to see ka possible solution to the conflict. It is there for approachingits concept, with a view that is in constant construction, to identify and analyze its manifestations, off era vision of some Portuguese and Brazilian laws, which mayor may not have spaces for your legal and theoretical location, to explain the phenomenon of domestic violence and their specificities, especially with the presence of patriarchy in Brazilian society. To the end to present an experience prosecuted the Court of Rio Grande do Sul, confirming the necessity and usefulness of restorative justice in domestic violence.
Acesso aberto (Open Access)
Poder punitivo midiático: reflexos da governamentalidade neoliberal na sociedade espetacularizada da indústria penal
(Universidade Federal do Pará, 2014) CABRAL, Quésia Pereira; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
Neoliberalism associated with concepts that come from the cultural industry and society of entertainment seems to have ideologically transformed the media into an agency of the penal system. On the other hand, the agencies of social communication that intertwined with the logic of the market began to foster a repressive discourse of criminal violence lead to the metamorphosis of information into news-merchandise and spread the culture of exaltation of the penal system. Therefore, news about crime also impacts the status of merchandise to be sold by the entertainment industry. For the sale of the news to reach satisfactory levels, it is important that the news be explored both in imagery and spectacularized ways. The media, as a set of communication means that aims at mass production ceases to have simple communicative function and begins to manipulate the manner of punishment, as well as to exercise the punitive power that, in essence, is controlled by the state. In this context, television stands as the communication tool most prevalent in Brazilian homes. This presence promotes the idea of criminalization of poverty itself and spreads the practice of violence. Given this situation, media agencies exert repressive power through the enemies that are to be fought. Such enemies are akin to criminal demons and are treated as monsters in a paradoxical dyad: they are considered to be unworthy of human conviviality but, at the same time, are considered necessary for the entertainment of society. The case of the Bandeirantes TV’s cameraman illustrates some aspects of this reality. The analysis of the problem presented was carried out mainly on the basis of theoretical contributions from Michael Foucault, Adorno and Horkheimer, Guy Debord and Zaffaroni.
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O princípio (instituidor) da intervenção mínima: a proteção do bem jurídico e a (des)criminalização no direito eleitoral
(Universidade Federal do Pará, 2013-04-18) SALES, José Edvaldo Pereira; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The paper questions whether the intervention of criminal law for the protection of legal asset under the Election Law is needed. In Brazil, this criminal intervention is significant and is given by several laws, the main one being the election code in force. The starting point is the theory of criminal legal asset, and highlights its critical function. It makes an approximation of the critical theory of criminal legal asset with the Democratic Law State and the theoretical formulation of Ronald Dworkin and Lenio Streck about the principles of law with emphasis on the principle (settlor) of minimal intervention, under the criminal law, and its warranty components, such as the exclusive protection of legal interests, fragmentation and subsidiarity. From this reflection, it makes the relation between the non-criminal protection of (relevant) legal assets and (un)criminalization in the electoral law, confronting penal expansionism and minimalism theories. The key issue of this work is to articulate these concepts to inquire about the (un)necessity of electoral criminal types, and to point for the brazilian model a non-criminal protection of legal asset under election law.
Acesso aberto (Open Access)
A privatização de presídios e sua (in)compatibilidade com o estado democrático de direito: a ressocialização irrefletida
(Universidade Federal do Pará, 2015-11-27) SILVA, José Adaumir Arruda da; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This work deals with the privatization of prisons and their (in) compatibility with the democratic rule of law, considering the resocialization by the work as the main justification for the transfer of the custody of the stuck of the State to the private sector. Seeks to show that although privatization of prisons is announced as a solution to the ills of the Brazilian prison system and would favor the resocialization of the convict actually is incompatible with the democratic rule of law by violating the dignity of the human person in many respects. To prove this hypothesis, the research have as the referential theoretical: authors who are part of the critical criminology and who understand by the delegitimization of the penal system; the garantismo of Luigi Ferrajoli rejecting the positive special prevention as the finality of the penalty private of liberty. Also reinforces the verification of the hypothesis the field research conducted in Prison Complex of Ribeirao das Neves, Minas Gerais State, pointing neoliberal capitalist aspects of the contract of public-private partnership signed between the Government and the Consortium Managers Prison Associates. The dissertation concludes that privatization of prisons is incompatible with the Democratic Rule of Law, because violates human dignity and the principle of equality; delegates to the particular typical activity of the State; induces semi-slave labor; favors the earnings of companies with exploration prison market; encourages the mass imprisonment, which makes the argument of resocialization to justify the privatization of the imprisonment absolutely false , a mere rant to justify the incarceration industry, which ends up being assimilated thoughtless way by common sense that reaches all the imagery of society.
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Reinvenções e permanências do sistema penal brasileiro: a criminalização dos grupos de poder como novo marco de renovação e fortalecimento do controle punitivo
(Universidade Federal do Pará, 2018-12-03) BRITO, Michelle Barbosa de; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
In recent years, the Brazilian criminal justice system has witnessed a movement focused on changing, or expanding, the trend of punitive agencies to punish subjects targeted by their actions. Criminalization processes have been intensified towards subjects whose positions were historically untouched by the punitive justice and, mainly, by the prison system. Such intensification process highlights the need of analyzing and investigating an alleged change in the understanding about the (undeclared) role played by criminal law as instrument used to socially exclude and neutralize unwanted groups. Based on the criminological-critical perspective, we collected and analyzed data about the actions taken by agents participating in control instances involved in the secondary criminalization of people who, despite their political and/or economic power, have been targeted by the punitive justice power for committing white-collar crimes. Factors contributing to the social construction of “criminality” were also analyzed, with emphasis to aspects associated with the public perception about the criminal matter, with the media, with criminal policies, as well as with social, political and economic contexts. The present research enabled reading and understanding about the aforementioned problem by taking into consideration elements of historically-based punitive endeavors. It was possible concluding that the movement witnessed in recent years towards the increased criminalization of individuals who hold political and/or economic power, and commit white-collar crimes, does not represent a punitive turning-point that tends to equal the incidence of criminal interventions. On the contrary, it integrates the logic that has outlined the exercise of punitive power, which was reinvented to suit the criminalized-subject conditions and the contemporary context.

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